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Statute Labour Act
R.S.O. 1990, Chapter S.20
Consolidation Period: From January 1, 2009 to the e-Laws currency date.
Last amendment: 2006, c. 33, Sched. Z.3, s. 31.
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CONTENTS
Exemptions1. / Exemptions of persons in Canadian Forces
2. / Students
Statute Labour
3. / Liability to perform statute labour
4. / Commutation of labour
5. / Labour in township in which poll tax is not levied
6. / Abolition of labour
7. / Penalty for non-performance
8. / Commutation in case of non-resident owner of unoccupied land
9. / If resident owner, etc., makes default, commutation to be entered upon collector’s roll
Statute Labour in Unincorporated Townships
Road Commissioners
10. / Meeting for election of road commissioners
11. / Requisition for meeting
12. / Meeting in case person named fails to call it
13. / Notice of meeting
14. / Number of commissioners
15. / Chair of meeting
16. / Mode of voting
17. / Qualification of road commissioners
18. / Record of persons voting
19. / Objections to voters
20. / Declaration of office
21. / First meeting of commissioners
22. / Powers of road commissioners as to opening roads
23. / Time for performance
24. / Amount of statute labour to be performed
25. / Commissioners to oversee work
26. / Commutation
27. / Commutation of statute labour in townships
28. / Meeting for election of new commissioners
29. / Penalty for neglect to perform work or pay money
30. / Election of chair and appointment of secretary-treasurer
31. / Commutation money
32. / Statute labour book
33. / Notice to perform statute labour
34. / Return of arrears to sheriff
35. / Sale of land by sheriff for arrears
36. / Penalty for neglect to serve as commissioners
Recovery of Penalties
37. / Recovery of penalties
Form 1 / Public notice
Form 2 / Declaration of office
Form 3 / Statute labour book
Form 4 / Notice to perform statute labour
Form 5 / Notice to pay the commutation of statute labour
Form 6 / Return to sheriff
Exemptions
Exemptions of persons in Canadian Forces
1.A person who is a member of the Canadian Forces is not liable to perform statute labour or to commute therefor. R.S.O. 1990, c.S.20, s.1.
Students
2.A student in attendance at an institution of learning in Ontario is not liable to perform statute labour or to commute therefor. R.S.O. 1990, c.S.20, s.2.
Statute Labour
Liability to perform statute labour
Number of days of statute labour
3.(1)Every person assessed upon the assessment roll of a township that has not passed a by-law abolishing statute labour is, if his or her property is assessed at not more than $300, liable to two days statute labour; at more than $300 but not more than $500, three days; at more than $500 but not more than $700, four days; at more than $700 but not more than $900, five days; and for every $300 over $900, or any fractional part thereof over $150, one additional day; but the council may, by a by-law operating generally and rateable, reduce or increase the number of days labour to which all the persons rated on the assessment roll or otherwise, shall be respectively liable so that the number of days labour to which each person is liable shall be in proportion to the amount at which he or she is assessed, and in all cases both of residents and non-residents the statute labour shall be rated and charged against every separate lot or parcel according to its assessed value. R.S.O. 1990, c.S.20, s.3(1).
Case of parts of lots owned by one person
(2)Where one person is assessed for lots or parts of several lots in different parts of the township, not exceeding in the aggregate eighty-one hectares, such part or parts shall be rated and charged for statute labour as if the same were one lot, and the statute labour shall be rated and charged against any excess over eighty-one hectares as if the excess were one lot. R.S.O. 1990, c.S.20, s.3(2).
Where labour to be performed
(3)Every resident has the right to perform his or her whole statute labour in the statute labour division in which his or her residence is situate, unless otherwise ordered by the municipal council. R.S.O. 1990, c.S.20, s.3(3).
Regulations as to performance
(4)The council may pass by-laws for regulating the manner and the divisions in which statute labour or commutation money shall be performed or expended. R.S.O. 1990, c.S.20, s.3(4).
Definition
(5)In this section and in sections 4, 5 and 6,
“township” means a local municipality that was a township on December 31, 2002. 2002, c. 17, Sched. F, Table.
Commutation of labour
4.(1)The council of any township may by by-law direct that a sum not exceeding $3 a day shall be paid as commutation of statute labour for the whole or any part of the township, in which case the amount of the commutation shall be added in a separate column in the collector’s roll and shall be collected and accounted for like other taxes.
Idem
(2)Where no such by-law has been passed, the statute labour in respect of lands of residents and non-residents shall be commuted at the rate of $2 for each day’s labour. R.S.O. 1990, c.S.20, s.4.
Labour in township in which poll tax is not levied
5.In a township that has not passed a by-law abolishing statute labour, every able person over the age of eighteen who,
(a)is not exempt from performing statute labour;
(b)is not otherwise assessed in the township; and
(c)has not filed with the clerk a certificate showing that the person has been assessed or performed statute labour elsewhere in Ontario,
is liable to one day of statute labour on the roads and highways in the township. R.S.O. 1990, c.S.20, s.5.
Abolition of labour
6.The council of every township may pass by-laws to abolish statute labour. R.S.O. 1990, c.S.20, s.6.
Penalty for non-performance
7.(1)Any person liable to perform statute labour under section 5, not commuted, shall perform it when required so to do by the pathmaster or other officer of the municipality appointed for that purpose, and, in case of wilful neglect or refusal to perform the labour after six days notice requiring him to do so, shall incur a penalty of$10.
Payment of penalties to treasurer
(2)All sums and penalties, other than costs, recovered under this section shall be paid to the treasurer of the local municipality and shall form part of the statute labour fund thereof. R.S.O. 1990, c.S.20, s.7.
Commutation in case of non-resident owner of unoccupied land
8.A non-resident owner of unoccupied land shall not be permitted to perform statute labour in respect thereof, but the labour shall be commuted and the amount of the commutation shall be charged against every separate lot or parcel and be entered in the collector’s roll, and the council shall order all sums paid on that account to be expended in the statute labour division in which the land is situate. R.S.O. 1990, c.S.20, s.8.
If resident owner, etc., makes default, commutation to be entered upon collector’s roll
9.(1)Where an owner or tenant makes default in performing his or her statute labour or in payment of commutation therefor, the overseer of highways in whose division the owner or tenant is placed shall return him or her as a defaulter to the clerk of the municipality before the 15th day of August, and the clerk shall in that case enter the commutation for statute labour against the land in the collector’s roll of the current or following year, and it shall be collected by the collector.
Overseer to expend the commutation money in the division
(2)In every such case the clerk shall notify the overseer of highways who may be appointed for the division in the following year, or after it has been collected, of the amount of the commutation, and the overseer shall expend that amount upon the roads in the statute labour division where the property is situate, and shall give an order upon the treasurer of the municipality to the person performing the work. R.S.O. 1990, c.S.20, s.9.
Statute Labour in Unincorporated Townships
Road Commissioners
Meeting for election of road commissioners
10.(1)Twenty resident landholders,
(a)in any unincorporated township;
(b)in any designated part of any unincorporated township;
(c)in any two or more contiguous unincorporated townships;
(d)in any designated parts of two or more contiguous unincorporated townships; or
(e)in any locality that has not been surveyed or laid out into townships,
have the right to have a public meeting called for the purpose of electing road commissioners.
Definitions
(2)In this section and in the following sections of this Act, “landholder” means an owner, locatee, purchaser or tenant of land, and “resident” includes a person who resides in the township or locality for any part of a year. R.S.O. 1990, c.S.20, s.10.
Requisition for meeting
11.(1)The landholders desiring the meeting to be called shall sign a requisition authorizing one of their number, who shall be named in the requisition, to call a meeting of the resident landholders of the township or townships or of the designated part or parts of the township or townships or of the locality for the purpose of electing road commissioners.
Where jurisdiction extends to parts of two or more townships
(2)Where it is proposed that the road commissioners shall have jurisdiction over two or more townships or designated parts of two or more townships, the requisition shall be signed by a least eight resident landholders in any one township or part of a township or where there are less than fifteen resident landholders in any one township or part of a township by a majority of them, but the total number of resident landholders signing the requisitions shall not be less than twenty and the requisition shall designate what parts of the townships are to be included. R.S.O. 1990, c.S.20, s.11.
Meeting in case person named fails to call it
12.In case the person so named declines to call a meeting or neglects to do so for ten days after the requisition is presented to him or her, any three of the persons who signed the requisition may call the meeting. R.S.O. 1990, c.S.20, s.12.
Notice of meeting
13.(1)The notice calling the meeting shall be in Form 1, and,
(a)shall be posted up in at least six conspicuous places and at each post office and public school house in the township, townships or locality, as the case may be; or
(b)shall be sent by registered mail to all landholders in the township, townships or locality addressed to their last known place of residence; or
(c)shall be published once a week for at least three weeks in a newspaper having general circulation in the township, townships or locality,
and the day named in the notice shall be at least ten days from the date of the last posting, mailing or publication, as the case may be.
Idem
(2)The notice shall be in English, and may also be in French. R.S.O. 1990, c.S.20, s.13.
Number of commissioners
14.The election shall take place at the time named, and the number of commissioners to be elected shall be either three or five, as may be stated in the requisition, unless the meeting, before proceeding to an election, decides that a number different from that stated in the requisition shall be elected, but the number shall not be fewer than three nor more than five. R.S.O. 1990, c.S.20, s.14.
Chair of meeting
15.In case the meeting is called by the person named in the requisition, the person is entitled to preside at the meeting as chair, but if he or she is absent, or declines to act, the landholders present may appoint another chair, and the chair shall act as returning officer and, in the event of a tie, has a casting vote, although he or she may have previously voted, and the landholders present shall also appoint a secretary, who shall record the proceedings. R.S.O. 1990, c.S.20, s.15.
Mode of voting
16.(1)The landholders present shall decide how the voting for commissioners shall be conducted.
Qualifications of voters
(2)Every person is entitled to vote in the election of the road commissioners who is of the full age of eighteen years and a landholder in the township or townships, or part or parts thereof, or the locality, for which the election is held. R.S.O. 1990, c.S.20, s.16.
Qualification of road commissioners
17.No person may be elected as a road commissioner unless he or she is qualified to vote in the election of road commissioners and unless he or she has performed or commuted for the statute labour to which he or she is liable. R.S.O. 1990, c.S.20, s.17.
Record of persons voting
18.The chair shall, at the request of any two landholders present, direct the secretary to record the names of all persons voting and, unless the vote is by ballot, how each votes. R.S.O. 1990, c.S.20, s.18.
Objections to voters
19.If an objection is made to the right of any person to vote at the meeting, the person shall name the property in respect of which he or she claims the right to vote, and the chair shall administer to the person an oath, or affirmation if he or she is by law permitted to affirm, according to the following form in English or French, whereupon the person shall be permitted to vote:
You swear (or if the voter is entitled to affirm, solemnly affirm) that you are of the age of eighteen years, and that you are the owner, tenant, purchaser or locatee of lot ...... in the ...... concession of this township and that you are entitled to vote at this election.
(So help you God. Only if the person swears an oath.)
R.S.O. 1990, c.S.20, s.19.
Declaration of office
20.The commissioners elected shall take a declaration of office in Form 2 in English or French before a justice of the peace and shall hold office until their successors are elected at the meeting called as provided in section 28 or, where no such meeting is called, until the 31st day of May in the year following that in which they were elected. R.S.O. 1990, c.S.20, s.20.
First meeting of commissioners
21.The commissioners shall meet within two weeks after their election, and shall then or as soon thereafter as may be, name the roads and parts of roads upon which statute labour is to be performed, and shall appoint the places and times at which the persons required to perform statute labour are to work. R.S.O. 1990, c.S.20, s.21.
Powers of road commissioners as to opening roads
22.(1)The commissioners have power to open road allowances when they have been laid down in the original surveys, and where such road allowances are either wholly or partly impracticable, to lay out roads in lieu thereof and direct the performance of statute labour thereon, and where no road allowances are laid down in the original surveys, but any of the area is reserved for roads, the commissioners may lay out roads where necessary and direct the performance of statute labour accordingly.
Filing plan of roads in Ministry of Natural Resources
(2)In cases of deviations from road allowances and of roads laid out where there are no road allowances as above provided, the commissioners shall cause a plan thereof, so far as the same affects ungranted lands of the Crown, to be made by an Ontario land surveyor and shall file the plan in the Ministry of Natural Resources, and the commissioners may pay the cost of preparing the plan out of any money received by way of commutation of statute labour.
Compensation for land taken for deviation
(3)In the case of a deviation passing over any patented improved land, the commissioners may pay to the owner of the land taken for the purpose of making the deviation the value of it as may be agreed upon between the commissioners and the owner, and in case of disagreement, the Expropriations Act applies.
Land to be vested in Crown
(4)Where the value of the land taken has been agreed upon between the commissioners and the owner, the owner shall execute a conveyance of the land to Her Majesty in right of Ontario and such conveyance shall be registered in the proper land registry office. R.S.O. 1990, c.S.20, s.22.
Time for performance
23.The time for the performance of statute labour shall from time to time be regulated and fixed by resolution of the commissioners. R.S.O. 1990, c.S.20, s.23.
Amount of statute labour to be performed
24.(1)Despite subsection (3), each owner, locatee, purchaser or tenant of land may be required to perform one day’s labour for every twenty hectares and one day’s labour for the remainder of the hectarage held by him or her, where the total hectarage held by him or her divided by twenty leaves a remainder, and for the first four hectares that he or she has cleared after the first four, he or she may be required to perform one day’s additional labour, and for every eight hectares over and above the first four, one additional day’s labour, and each householder who is not an owner, locatee, purchaser or tenant of the land may be required each year to perform one day’s labour.
Idem
(2)Any owner, locatee, purchaser or tenant of land holding less than twenty hectares may be required to perform statute labour as the commissioners may direct, but not exceeding the scale provided for in subsection (1) where the land is in part cleared and not exceeding one day where no part of the land is cleared.
Statute labour in unincorporated areas
(3)Where road commissioners have been elected for any unincorporated area, the secretary-treasurer shall enter in the statute labour book the name, date of birth and place of abode of every able person over the age of eighteen who,
(a)is not exempt from performing statute labour;
(b)is not assessed for statute labour in the area under subsection (1) or (2); and
(c)has not filed with the secretary-treasurer a certificate showing that he or she has been assessed or performed statute labour elsewhere in Ontario,
and every such inhabitant is liable to one day of statute labour on the roads in the area.
Where land assessed for school purposes
(4)Where the land in an unincorporated township is assessed for school purposes under the Education Act, the commissioners may by resolution provide that the amount of statute labour to be performed shall be determined on the same basis as is prescribed in subsection 3(1) in which case subsections 3(1) and (2) apply with necessary modifications. R.S.O. 1990, c.S.20, s.24.